24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Defending Complex Federal Money Laundering Cases in the SDNY

March 21, 2024 Uncategorized

Defending Complex Federal Money Laundering Cases in the SDNY

Federal money laundering cases can be extremely complex, especially when brought in the Southern District of New York (SDNY). As a major financial center, New York sees more than its fair share of financial crimes. When the government believes those crimes amount to money laundering, the charges can carry steep penalties.Fortunately, skilled criminal defense attorneys have a variety of tools at their disposal to mount an aggressive defense. By focusing on the legal elements, challenging the government’s evidence, and emphasizing mitigating factors, defense lawyers can often achieve favorable outcomes even in complex SDNY money laundering cases.

The Legal Framework for Federal Money Laundering Charges

Money laundering involves concealing the origin of funds obtained illegally to make them appear legitimate. Under federal law, prosecutors must prove three key elements:

  1. The defendant conducted a financial transaction with money that came from or represented the proceeds of another specified illegal activity
  2. The defendant knew the money was dirty, and
  3. The defendant intended to promote the underlying crime or conceal the money

Possible penalties increase dramatically when the laundered funds exceed $10,000 or involve foreign transfers. Conspiracy and aiding/abetting charges may also apply.

Why SDNY Money Laundering Cases Are So Complex

Several factors make money laundering uniquely difficult to defend in SDNY courts:

  • Sophisticated Investigative Tactics – Agencies like the FBI, DEA, and IRS devote tremendous resources to following dirty money trails. They employ covert surveillance, informants, digital forensics, and other aggressive techniques.
  • Liberal Conspiracy Laws – Prosecutors often charge broad conspiracies with numerous co-defendants, which allows more evidence in and increases conviction odds.
  • Harsh Sentencing – Even first-time offenders face years in prison for laundering convictions in SDNY. Penalties ratchet up quickly for additional counts.

Navigating these dynamics requires an experienced federal criminal defense lawyer intimately familiar with SDNY courts.

Key Defenses in SDNY Money Laundering Cases

Despite the challenges, viable defenses exist in many money laundering cases. Common strategies include:

Attack the Specified Unlawful Activity (SUA)

Since money laundering requires an underlying SUA, defeating those charges defeats the laundering charges too. Skillful attorneys scrutinize the SUA evidence for legal defects.

Challenge Knowledge and Intent

Knowing the funds were dirty and intending to conceal/promote crime are separate essential elements. Credible innocent explanations often emerge with thorough investigation.

Focus on Unfair Investigation Tactics

Aggressive surveillance and searches sometimes violate constitutional rights. Suppressing illegally obtained evidence can cripple the government’s case.

Dispute Ownership and Control

If defendants didn’t actually own or control laundered funds, they can’t be guilty of laundering them. Counsel must trace complex financial trails to identify other culprits.

Argue Sentencing Mitigators

Even if convicted, lawyers can often negotiate lighter sentences by emphasizing mitigating factors like:

  • Minimal criminal history
  • Non-violence
  • Cooperation
  • Health conditions
  • Family obligations
  • Charitable works

Why Retaining an Experienced SDNY Money Laundering Lawyer Matters

Facing complex charges in a leading financial jurisdiction, defendants need knowledgeable lawyers to counter the government’s vast resources. Skilled SDNY counsel aggressively investigates defenses, exposes flaws in the prosecution’s case, negotiates with prosecutors, and fights at trial. This provides the best chance at dismissal, acquittal, or mitigated sentencing.The stakes are too high in SDNY money laundering cases not to retain experienced, dedicated counsel. Top lawyers have defended all manner of complex financial crimes in SDNY courts for years. Their expertise offers the best opportunity for favorable outcomes against long odds.

Conclusion

With harsh penalties and high conviction rates, SDNY money laundering charges demand vigorous defense advocacy. While the government employs extensive financial investigative powers, defendants retain important rights. Leveraging investigative, procedural, evidentiary, and mitigation strategies provides the best opportunity for success against prosecutorial overreach. In the end, retaining counsel intimately familiar with SDNY courts offers the greatest chance to defeat complex laundering allegations.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now